1776 S. Naperville Road
Building B, Suite 202
Wheaton, IL 60189
630-462-9500630-462-9500
New client after hours number: 630-690-6077
Wheaton Alimony/Maintenance Lawyer
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Wheaton, IL Unallocated Alimony Attorneys

Unallocated Spousal Support Lawyers Serving Clients in DuPage County

When negotiating a divorce settlement, there are many intricate issues that must be considered in order to ensure the best possible resolution. One such issue is the tax consequences of alimony/maintenance and child support payments. In some cases, combining both payments into one “unallocated support” payment can have significant tax advantages.

At The Stogsdill Law Firm, P.C., our attorneys are well-versed in the tax advantages and disadvantages a divorce may cause. We work closely with our clients to obtain the best possible settlement for your financial future. If necessary, we will provide aggressive representation for your family matter in the courtroom.

Understanding Unallocated Support in Wheaton, Illinois

The Internal Revenue Service (IRS) classifies alimony, also known as maintenance in Illinois, and child support payments differently when filing income taxes. Under the Internal Revenue Code, alimony is tax-deductible for the paying spouse, but it is taxed as income for the receiving spouse. Conversely, child support payments are not tax-deductible for the paying spouse, and they are not taxed as income on the receiving spouse.

To use the tax code to the advantage of both spouses, alimony and child support payments can be combined into a single payment of unallocated support. When this is done, the paying spouse can choose to treat the entire amount as alimony and deduct it from his or her income. Doing this, however, could force the receiving spouse to pay taxes on the entire amount of unallocated support. Depending on the financial circumstances of both parties, this might actually be a beneficial arrangement.

Unallocated Support Strategy in DuPage County

While it may seem like unallocated support only benefits the paying spouse, it can be mutually beneficial because of how income can be shifted from a higher tax bracket to a lower tax bracket. It is essential, however, to have an attorney who is knowledgeable about tax consequences of support payments and IRS guidelines in this regard. A skilled attorney can use unallocated support as a tool to negotiate a favorable settlement for his or her client. It should be noted, however, that classifying both support payments as unallocated support can only be done with the consent of both parties.

If you think unallocated support might be beneficial to your divorce settlement, contact us at 630-462-9500630-462-9500 to schedule a consultation. We will discuss the circumstances of your divorce, and whether using unallocated support could benefit your family’s financial future. We are located in Wheaton, IL and we work with clients throughout Northern Illinois including DuPage County and the surrounding areas.

  • DuPage County Bar Association
  • Illinois State Bar Association
  • American Bar Association
  • Rotary of Oak Brook
  • Martindale Hubbell
  • American Institute of Family Law Attorneys
  • American Institute of Family Law Attorneys
  • Top 40 Under 40
  • DCBA Law Firm of the Year
    DCBA Law Firm of the Year 2011, 2013
  • Office of the States Attorney 2006-2007
    Outstanding Service to the Office of the State's Attorney 2006-2007
  • Prosecutor 2012
    Outstanding Misdemeanor Prosecutor 2012
  • AVVO Clients Choice
    Clients' Choice
  • I would highly recommend Tony Sammarco to anyone needing a divorce lawyer. He explained all my options to me and he made sure I understood the process. I am glad I had him there to help me through this difficult time.

  • Thank you doesn’t seem enough for all that Bill Stogsdill and Brett Williamson have done not only for me, but my children as well. When I first met both of these gentlemen, each presented themselves with such self-confidence. I instantly knew...

  • The Stogsdill Law Firm and I were able to obtain sole custody of my son. I am fortunate for the outcome and I am to be a father to my son. Secondly, my ex-spouse was awarded limited portion of the marital estate. Bryan Estes is more than an excellent lawyer...

  • Whenever my opinion is asked by any of my clients, friends or family regarding what law firm someone should use for their divorce my answer is always the same –The Stogsdill Law Firm, P.C. The kids and I are forever indebted to Bill and his firm.

  • Bryan's ability to listen and understand my situation and then offer his advice on how we should proceed was the main reasons I hired Bryan as my attorney. That was the best decision I made, for myself and my children. Bryan helped develop action plans as well as a strategy ...

  • I wanted to thank you for your professional and respectful help with my case. Before entering your law firm, I felt as if my life might be at an end. After being greeted by your office manager, I was completely put at ease. Then after my consultation with you, I knew I was in good hands...

  • Mr. Smit has demonstrated a high degree of loyalty and trust worthiness to his work and to his associates. Justin certainly is an asset to your Law Firm, his organization skills are second to none. I have and will continue to recommend Justin ...

  • I recently made the life-altering decision of ending a 30 year marriage. While the support of family and friends was very important, I knew that choosing the right attorney was vital. In large part, my future would be determined by his legal advice and skills…

  • You've clearly established a client-focus in your office -- providing your clients with the warmth and understanding they need as they go through a very difficult time. Thank you, again, for all your help.

  • Taking that step to file for divorce was probably one of the most life changing decisions I have ever made. The process is very painful and emotionally draining. I retained Robert Boyd and Justin Smit of The Stogsdill Law Firm, P.C...